District of Columbia Comparative Negligence Laws

Updated October 13, 2026 · 2 min read · 2 sources

Short answer

The District of Columbia follows contributory negligence. If you are even slightly at fault for your own injury, even 1%, you generally cannot recover damages from the other party. It is one of only a handful of jurisdictions that still use this strict rule.

Comparative negligence rules decide what happens when the injured person was partly to blame. In the District of Columbia, that question is answered by contributory negligence.

At a glance

Question Answer
Rule Contributory negligence
Legal source Wingfield v. People's Drug Store, 379 A.2d 685 (D.C. 1977)
Effect on your recovery If you are even slightly at fault for your own injury, even 1%, you generally cannot recover damages from the other party.
Special rule Under the Motor Vehicle Collision Recovery Act of 2016, pedestrians, cyclists and other non-motorized users hit by vehicles can still recover unless their own negligence exceeds the combined negligence of the defendants.

Example: $100,000 in damages

Here is how the the District of Columbia rule would generally apply if a jury found $100,000 in total damages:

Your share of fault What you could recover
10% $0
50% $0
60% $0

Real cases are more complicated: there may be several defendants, insurance limits, or special rules for certain claims.

The five fault systems in the U.S.

  • Contributory negligence: any fault by the injured person bars recovery. Only a few jurisdictions still use it.
  • Pure comparative negligence: recovery is reduced by your share of fault, at any percentage.
  • Modified comparative negligence, 50% bar: you recover only if you were less than 50% at fault.
  • Modified comparative negligence, 51% bar: you recover only if you were not more at fault than the other side.
  • Slight/gross comparison: used in South Dakota; you recover only if your negligence was slight in comparison.

What this means for your claim

Insurance adjusters often argue that the injured person shares the blame, because every percentage point lowers the payout. Photos, witness names, police reports and medical records help push back; the car accident checklist shows what to collect at the scene. Deadlines matter too: see the District of Columbia personal injury statute of limitations. If fault is disputed, a personal injury lawyer can evaluate the evidence before you give a recorded statement.

Sources

  1. Matthiesen, Wickert & Lehrer: Contributory negligence and comparative fault laws in all 50 states
  2. Cornell Law School LII: Comparative negligence

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This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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